[WSBARP] Is a stick-built house that is being moved still real estate?

[Eric Nelsen]

I have looked a bit further into it in Am.Jur. and it's muddled and appears to rely in part on intent and purpose of removal. The lumber and debris resulting from a building knocked down by a hurricane is still considered "real property" even though technically it has been severed from the land. The key that fits a lock on the front door can be considered real property even though of course the key is completely mobile and never fixed to the land. A portable building on skids that is moved to a property might be considered real property if it is intended to stay there on a permanent basis, but might stay as personal property if it is intended to be temporary.

With the "move a house" scenario it seems even weirder--whose intent controls? If the same person owns both lots and the house, and intends to permanently affix it to the new lot, is the house still real property while it's moving? If instead the house is sold by the owner of the first lot to a different person who owns the second lot, is it personal property because the seller is intending to sever the house from their land, but it becomes real property when delivered to the buyer because the buyer intends to affix it to the land? Or perhaps it does not become real property for the buyer until it is actually affixed to the land?

How many angels can dance on the head of a pin?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Wheeler, Doug
Sent: Thursday, August 24, 2017 12:17 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Is a stick-built house that is being moved still real estate?

Just an off-the-cuff response, but if it has been severed from the land, how could it still be real property?

Doug Wheeler
General Counsel
Vacation Internationale
1417 116th Avenue NE
Bellevue, WA  98004
(425) 454-3065 Ext. 1208
DWheeler at viresorts.com<mailto:DWheeler at viresorts.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: August 24, 2017 11:31 AM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>) <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Is a stick-built house that is being moved still real estate?

Old house, built 1910, lifted off its foundations and is being moved to another lot.

Once it's severed from the original lot and while it's moving, and before it's laid onto a foundation at the new lot, is the house personal property or real property?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.


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